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The U.S. Department of Commerce has announced that it will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield.
3E will continue to participate in the Shield Framework and while the Privacy Shield Framework is no longer considered a valid data transfer mechanism, 3E continues to comply with the relevant principles of the Privacy Shield Framework.
Last Updated: December 4, 2022
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Customer” means any entity that purchases or otherwise obtains products or services from 3E.
“Employee” means any current, former or prospective employee of 3E, or any of its European or Swiss affiliates, who is located in the EU or Switzerland.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by 3E in the U.S. from the EU, United Kingdom or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Swiss” means Switzerland.
3E’s EU-U.S. and Swiss-U.S. Privacy Shield certifications can be found at https://www.privacyshield.gov/. For more information about 3E’s processing of Personal Data obtained from Consumers on its website, please visit 3E’s Online Privacy Notice.
Types of Personal Data 3E Collects
3E collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits 3E’s website and provides Personal Data to 3E. Click here for information on the types of Personal Data 3E receives through its website. In addition, 3E obtains Consumer Personal Data, such as contact information, in connection with maintaining its Customer relationships and providing its products and services to Customers.
As a Processor, 3E receives Personal Data about its Customers’ Consumers located in the EU and Switzerland. 3E’s Customers provide the Personal Data to 3E in connection with 3E’s provision of services to its Customers. In this capacity, 3E acts pursuant to its Customers’ instructions. The types of Personal Data 3E’s Customers provide include information such include name, postal code, email address, phone number, age general and medical and/or health information. 3E processes Consumer Personal Data in the U.S. to provide background check services.
3E’s privacy practices regarding the processing of Consumer Personal Data comply, as appropriate, with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
When 3E acts as a Processor and Consumer Personal Data is transferred to 3E in the U.S. on behalf of a Customer, the Customer is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.
Privacy notices pertaining to specific data processing activities also may contain relevant information.
When 3E maintains Personal Data about Consumers with whom 3E does not have a direct relationship because 3E obtained or maintains the Consumers’ data as a Processor, 3E’s Customers are responsible for providing the relevant Consumers with certain choices with respect to the Customers’ use or disclosure of the Consumers’ Personal Data.
3E shares Consumer Personal Data with its affiliates and subsidiaries. 3E may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. 3E also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
To the extent 3E acts as a Controller, except as permitted or required by applicable law, 3E provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. 3E requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify 3E and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, 3E (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with 3E’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify 3E if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. 3E remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless 3E proves that it is not responsible for the event giving rise to the damage.
3E takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
3E limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. 3E does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, 3E takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, 3E relies on its Consumers and Customers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Customers, as appropriate) may contact 3E as indicated below to request that 3E update or correct relevant Personal Data.
Subject to applicable law, 3E retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer or Customer, as appropriate.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent 3E acts as a Controller, where appropriate, 3E provides Consumers with reasonable access to the Personal Data 3E maintains about them. 3E also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. 3E may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting 3E as indicated below.
When 3E maintains Personal Data about Consumers with whom 3E does not have a direct relationship because 3E maintains the Consumers’ data as a Processor for its Customers, 3E’s Customers are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate 3E Customer. When a Consumer is unable to contact the appropriate Customer, or does not obtain a response from the Customer, 3E will provide reasonable assistance in forwarding the Consumer’s request to the Customer.
Recourse, Enforcement and Liability
3E has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. 3E conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions the company makes about its Privacy Shield privacy practices are true and that the company’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning 3E’s processing of their Personal Data. 3E will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact 3E as specified below about complaints regarding the company’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through 3E’s internal processes, 3E will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the relevant JAMS rules. Following the dispute resolution process, JAMS or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over 3E. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about 3E’s compliance with the Privacy Shield Principles.
In the context of an onward transfer, 3E has a responsibility for processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. 3E shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless 3E proves that it is not responsible for the event giving rise to the damage.
When 3E maintains Personal Data about Consumers with whom 3E does not have a direct relationship because 3E obtained or maintains the Consumers' data as a service provider for its Customers, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Customer, in accordance with the Customer's dispute resolution process. 3E will participate in this process at the request of the Customer or the Consumer. If the issue cannot be resolved through the Customer's internal dispute resolution mechanism, the Consumer may submit the complaint to the relevant data protection authority in the EEA.
How to Contact Us Regarding Privacy Inquiries
If you have any questions or comments about this Notice or any issue relating to how we collect, use, or disclose personal data, or if you would like us to update information we have about you or your preferences, you may contact us.
Please include your name and the name of the business, 3E, to which your request refers.
By email at: firstname.lastname@example.org
Attention: Privacy Team
3207 Grey Hawk Court, Suite 200
California 92029 USA
Our EU Representative
If you are located in the European Union (“EU”) and have any questions or comments about this Notice, any issue relating to your personal data, or if you would like us to update your preferences, you may contact our EU representative.
Please include your name and the name of the business (3E) to which your request refers.
By email at: email@example.com
3E Europe GmbH
Attention: Privacy Team
Bergheimer Str. 3
88677 Markdorf, Germany
Our UK Representative
If you are located in the United Kingdom (“UK”) and have any questions or comments about this Notice, any issue relating to your personal data, or if you would like us to update your preferences, you may contact our UK representative.
Please include your name and the name of the business (3E) to which your request refers.
By email at: firstname.lastname@example.org (quoting “3E” in the subject line)
In writing at:
Attention: 3E – Privacy Notice
107-111 Fleet Street,